COOPERATIVE LAW ENFORCEMENT AGREEMENT 

BETWEEN 

THE SWINOMISH INDIAN TRIBAL COMMUNITY 

AND 

SKAGIT COUNTY 

1999 

PREAMBLE 

THIS AGREEMENT dated __________________, 1999, is between the Swinomish 

Indian Tribal Community, a federally recognized Indian Tribe organized pursuant to Section 

Sixteen of the Indian Reorganization Act of 1934 (25 U.S.C. & 476), hereinafter “TRIBE,” and 

Skagit County, Washington, hereinafter “COUNTY,” through the Skagit County Sheriff, 

hereinafter “SHERIFF.” 

THIS AGREEMENT IS ENTERED INTO UNDER THE Interlocal Cooperation Act 

(Chapter 39.34 RCW), the Mutual Aid Peace Officers Powers Act (10.93 RCW), and the 

Constitution and Bylaws of the Swinomish Indian Tribal Community (Article VI Section 1(a)). 

INTENT 

The TRIBE and the COUNTY each wish to protect the lives and property of all people 

within the Swinomish Indian Reservation. The TRIBE and the COUNTY, therefore, have 

entered into this Agreement governing certain aspects of the relationships between the COUNTY 

and TRIBE with respect to the commission of tribal law enforcement officers as COUNTY 

deputies Such commission is for the sole purpose of empowering Approved Tribal Officers to 

investigate designated offenses under Washington State Law. Such commission shall empower 

tribal officers to investigate designated offenses when they occur within the Reservation, or in 

the officer’s presence outside the Reservation boundaries. The commission shall empower a 

tribal officer as described in Section V (Scope of Powers). Crimes investigated under this 

commission shall only be prosecuted in the courts of the STATE OF WASHINGTON. 

ACCORDINGLY, THE PARTIES AGREE AS FOLLOWS: 

Section I. Definitions 

As used in this Agreement: 

Approved Tribal Officer: means a law enforcement officer employed by the TRIBE, who has 

submitted to a background check and training as required by the COUNTY, and has thereafter 

been granted a commission by the SHERIFF. 
Commission: A Skagit County Deputy Sheriff commission granted to an Approved Tribal 

Officer in accordance with this Agreement. 

Commission Card: An identification card issued by the Skagit County Sheriff to an Approved 

Tribal Officer. 

Designated Offenses: All violations of the laws of the State of Washington, whether civil or 

criminal, and of any Model Traffic Code adopted by the Skagit County. 

Reservation: The Swinomish Indian Reservation, and all territory within the exterior 

boundaries thereof, including without limitation all roads, rights of way, easements and 

waterways within such exterior boundaries. 

Section II. Jurisdiction 

Nothing in this Agreement shall be construed to cede any jurisdiction of either of the parties, to 

modify the legal requirements for arrest or search and seizure or to otherwise modify the legal 

rights of any person, to accomplish any act violative of state or federal law or to subject the 

parties to any liability to which they would not be subject by law. 

Section III. Issuing Commissions 

The granting of Deputy Sheriff commissions shall be at the sole discretion of the SHERIFF. 

Applications for commissions shall be submitted in writing to the SHERIFF or his designee. 

Each application shall be accompanied by all background information on the applicant known to 

Tribal Law Enforcement, appropriate waivers allowing the standard SHERIFF’S Office

preemployment investigation, and such other information as may be required. The applicant may 

be required to undergo a polygraph examination. The SHERIFF shall grant or deny each 

application within a reasonable period of time. The granting of a commission shall be evidenced 

by the issuance of a commission card to the officer receiving the commission. No commission 

shall be denied on the basis of race, creed, sex, color or national origin. No individual officer of 

the Tribe’s law enforcement agency shall be commissioned by the SHERIFF unless that officer 

has successfully completed the Washington State Basic Law Enforcement Training Academy. 

Section IV. Suspension and Revocation of Commissions 

The SHERIFF or his designee may, at any time, suspend or revoke the commission of any Tribal 

law enforcement officer for reasons solely within his discretion. The Tribe’s Chief of Police shall 

receive written notice of any such suspension or revocation and the reasons for such action. 

Section V. Scope of Powers 

An Approved Tribal Officer shall have a commission card in his or her possession at all times 

when acting pursuant to the commission. This commission shall empower Approved Tribal 

Officers to investigate all designated offenses when they occur within the Reservation, or in the 
officer’s presence outside the Reservation boundaries. Such power shall include the power to 

make arrests. 

Tribal law enforcement officers commissioned pursuant to this Agreement shall comply with the 

applicable constitutional and statutory provisions concerning enforcement of state laws when 

exercising such authority. Any court actions resulting from the exercise of a commission shall be 

filed in state court, and any referral for prosecution shall be made to the COUNTY Prosecutor. 

Tribal law enforcement officers shall remain under the control of the TRIBE, but when acting 

under the authority of a commission shall abide by the rules and regulations of the SHERIFF, all 

State laws and regulations, the State and Federal Constitutions, and shall be subject to the 

direction of the SHERIFF’S Office.

Section VI. Report of Exercise of Commission Powers 

Any action taken by an approved tribal officer pursuant to a commission shall be immediately 

reported to the SHERIFF’S Office Dispatcher. A written report will be filed with the 

SHERIFF’S Office within 12 hours of the enforcement action. 

Section VII. Hold Harmless/Indemnification 

The TRIBE shall be responsible for all liability of whatever nature arising from the acts of its 

own law enforcement officers and employees to the extent provided by law. The COUNTY shall 

be responsible for all liability of whatever nature arising from the acts of its own law 

enforcement officers and employees to the extent provided by law. The TRIBE waives any and 

all claims against the COUNTY for activities performed by Approved Tribal Officers pursuant to 

this Agreement or the commissions described herein, unless such claims are proximately caused 

by the negligence or willful misconduct of the COUNTY or its law enforcement officers, 

employees or agents. 

Except as provided in this Section, under no circumstances shall either the TRIBE or the 

COUNTY be held liable for the acts of employees of the other party performed under color of 

this Agreement. The TRIBE and the COUNTY shall indemnify each other for all claims, 

judgments or liabilities by third parties for bodily injury, property damage, personal injury or 

civil liability which may arise out of the activities of their employees pursuant to this Agreement 

of the commissions described herein. 

Section VIII. Insurance/Immunities 

The TRIBE agrees to maintain insurance policies in the amount of $1,000,000.00 per occurrence 

insuring against claims for false imprisonment, false arrest, public liability, property damage and 

police professional liability and shall maintain the policy in full force and effect during the life of 

this Agreement. If this Agreement is terminated for any reason, the TRIBE agrees to continue to 

carry the insurance for all actions taken under this Agreement until such time as protection from 
 

suit is granted by the statute of limitations. In the event the coverage is on a claims made basis, 

the TRIBE must ensure that the coverage extends to the statute of limitations in each policy year. 

The insurance shall include the COUNTY as an additional insured and refer to and support the 

TRIBE’S obligation to hold harmless the COUNTY, its officers, elected officials and employees. 

Such insurance shall provide 30 days written notice to the COUNTY in the event of cancellation 

or material change and include a statement to the effect that no act on the part of the insured shall 

affect the coverage afforded to the COUNTY under this insurance. The insurance company or 

the TRIBE will provide written notice to the COUNTY within thirty (30) days after any 

reduction in the general aggregate or occurrence limits. The TRIBE shall provide the COUNTY 

with a certificate of insurance prior to the contract effective date. The COUNTY, at its option, 

may require a complete copy of the above insurance policy. 

The TRIBE waives sovereign immunity to suit only upon claims asserted by the COUNTY, the 

amount and nature of which are within the coverage and limits of the TRIBE’S insurance policy. 

Policies of insurance obtained by the TRIBE purchased pursuant to this section shall prohibit the 

insurer asserting a defense of sovereign immunity to claims made under the policy. 

All immunities enjoyed by COUNTY law enforcement officers under state or federal law shall 

inure to the benefit of Tribal law enforcement officers when acting under a commission under 

terms of the Agreement. 

Section IX. Oversight Committee 

A committee consisting of the TRIBE’S Chief of Police, the SHERIFF of his designee, and the

Skagit County Prosecutor or his designee, shall review activities and methods of performance 

pursuant to this Agreement. The committee shall meet annually, or more frequently, as needed, 

to discuss the operation of the Agreement. The committee may recommend to the signatories of 

the Agreement any amendments to this Agreement. 

Section X. Duration/Revocation of Agreement 

This Agreement shall remain in full force and effect for a period of ten years, or unless 

terminated by either party as provided in this Agreement and shall be subject to renewal by the 

Agreement of the parties at the end of the ten-year period. Either party may terminate this 

Agreement at any time. Termination shall be immediately effective upon receipt of written 

notice. 

Section XI. Amendments 

This Agreement shall not be amended except by an instrument in writing executed by the 

signatories below and attached to this Agreement. 

Section XII. Notice 
 ____________________________________ 

________________________________________ 

________________________________________ 

Any notice required or permitted to be given under this Agreement shall be deemed sufficient if 

given in writing and sent by registered or certified mail. 

In the case of the COUNTY, notices shall be sent to: Skagit County Sheriff 

600 South Third Street 

Mount Vernon, WA 98273 

In the case of the TRIBE, notices shall be sent to: Swinomish Chief of Police 

P.O. Box 817 

LaConner, WA 98257 

with a copy to: Office of Tribal Attorney 

P.O. Box 817 

LaConner, WA 98257 

Section XIII. Severability/Duration of Commissions 

If any provision of this Agreement or its application to any person or circumstance is held 

invalid, the remainder of the Agreement or the application of the provision to other persons or 

circumstances is not affected. Because the source of legal authority to grant, revoke, and suspend 

the commissions described in this Agreement is separate from and independent of the terms of 

this Agreement, the invalidity of all or any portion of this Agreement shall have no effect on the 

validity of such commissions, which shall remain in effect until suspended or revoked at the 

discretion of the SHERIFF or his designee. 

The effective date of this Agreement shall be the _______ day of __________________, 1999. 

SWINOMISH INDIAN TRIBAL COMMUNITY 

By:

Brian Cladoosby, Chairman 

BOARD OF COUNTY COMMISSIONERS 

SKAGIT COUNTY, WASHINGTON 

Ted W. Anderson, Chairman 

Harvey Wolden, Commissioner 
_______________________________ ________________________________________ 

_______________________________ 

________________________________ 

________________________________ 

________________________________ 

Approved as to content: 

Ed Goodman, Sheriff Robert Hart, Commissioner 

Approved as to form: 

Hilary Thomas, Skagit County Prosecuting Attorney 

Approved as to Indemnification language: 

Dave Fleming, Risk Manager 

Alicia Huschka, Budget Manager 

Patti Chambers, Clerk 

Skagit County Board of Commissioners